USA Statutes : nevada
Title : Title 34 - EDUCATION
Chapter : CHAPTER 398 - INTERCOLLEGIATE ATHLETICS
“Proceeding” means a proceeding
by a national collegiate athletic association or an institution involving
an institution located in this state or persons associated with an
institution located in this state that may result in the imposition of a
sanction for a violation of a rule of a national collegiate athletic
association, including any related investigative action.
(Added to NRS by 1991, 110)
IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION
1. In any proceeding, all parties against whom a sanction may be
imposed must be afforded an opportunity for a hearing after reasonable
notice. The notice must include:
(a) A statement of the time, place and nature of the proceeding;
(b) A reference to the particular rules governing the proceeding;
and
(c) A short and plain statement of the violations alleged and the
facts underlying the allegations.
2. A party to a proceeding may be represented by counsel, is
entitled to confront and respond to all witnesses and evidence related to
the allegations against him and may call witnesses on his own behalf.
3. At least 30 days before any proceeding, all parties to a
proceeding shall provide to all other parties all affidavits or other
evidence to be introduced at the proceeding.
4. All written statements introduced as evidence at a proceeding
must be notarized and signed under oath by the person making the
statement.
5. Informal disposition may be made of any proceeding by
stipulation, settlement or default. If an informal disposition is made,
the parties to the proceeding may waive the requirements of findings of
fact and a decision.
(Added to NRS by 1991, 111)
A record must be kept of all
proceedings. The record must include:
1. All pleadings, motions and rulings;
2. All evidence received or considered;
3. All matters officially noticed;
4. Questions, offers of proof, objections and rulings thereon;
5. Findings of fact and exceptions thereto; and
6. The decision rendered in the proceeding.
(Added to NRS by 1991, 111)
At the
request of any party to a proceeding, oral statements made at the
proceeding must be transcribed.
(Added to NRS by 1991, 111)
1. Irrelevant, immaterial or unduly repetitious evidence must be
excluded from a proceeding. Evidence may be admitted if it is of the type
commonly relied upon by reasonable, prudent persons in the conduct of
their affairs.
2. The laws of this state relating to privilege must be observed
in all proceedings.
3. Objections to evidentiary matters may be made and must be noted
in the record of a proceeding.
4. Evidence may be received in written form if it will result in
an expedited proceeding and will not substantially prejudice a party.
(Added to NRS by 1991, 111; A 1997, 1614)
A person presiding
over a proceeding must be impartial and shall not communicate with a
party to the proceeding concerning any issue of fact or law except upon
notice and opportunity to participate by all parties.
(Added to NRS by 1991, 111)
A decision must
be rendered a reasonable time after the conclusion of a proceeding. The
decision and the findings of fact must be based on substantial evidence
in the record, and must be supported by a preponderance of such evidence.
(Added to NRS by 1991, 111)
Parties aggrieved by
the decision in a proceeding are entitled to judicial review in district
court in the same manner that decisions of state agencies are reviewed
pursuant to chapter 233B of NRS.
(Added to NRS by 1991, 112)
1. A national collegiate athletic association shall not impose a
sanction on any institution located in this state, its employees, student
athletes, students or boosters, for a violation of the rules of the
association, or impose a sanction on an institution located in this state
or its athletic conference for failure of the institution to impose
sanctions on its employees, student athletes, students or boosters,
unless the association complies with the minimum procedural standards set
forth in NRS 398.155 to 398.255 , inclusive.
2. Any finding of a violation by a national collegiate athletic
association must be based upon and supported by a preponderance of
evidence that:
(a) Is of the type commonly relied upon by reasonable and prudent
persons in the conduct of their affairs; and
(b) Has been submitted and received in a hearing held and conducted
in conformance with the provisions of NRS 398.155 to 398.255 ,
inclusive.
3. Any penalty or sanction imposed by a national collegiate
athletic association must be reasonable in light of the nature and
gravity of the violation and must be consistent with penalties and
sanctions previously imposed by the national collegiate athletic
association upon other member institutions for violations of similar
nature and gravity.
(Added to NRS by 1991, 111; A 1997, 1614)
A national collegiate athletic association shall not:
1. Prevent an institution located in this state, its athletic
conference or its student athletes, from athletic competition, free from
sanctions, against other institutions, unless the minimum procedural
standards required by NRS 398.155 to
398.255 , inclusive, are observed.
2. Threaten with sanctions an institution that seeks redress under
the provisions of NRS 398.155 to
398.255 , inclusive.
3. Impair the rights or privileges of membership of any
institution as a consequence of any rights granted under the provisions
of NRS 398.155 to 398.255 , inclusive.
(Added to NRS by 1991, 112)
1. A district court may enjoin a national collegiate athletic
association or institution from violating the provisions of NRS 398.155
to 398.255 , inclusive. In addition to any other relief
granted, a party who brings an action for injunctive relief must be
awarded costs and reasonable attorney’s fees if successful in the action.
2. In addition to costs and reasonable attorney’s fees, a national
collegiate athletic association is liable to the aggrieved institution
for an amount equal to 100 percent of the monetary loss per year or
portion of a year which is suffered during the period that any monetary
loss occurs as a result of a penalty imposed in violation of the
provisions of NRS 398.155 to 398.255
, inclusive. To calculate monetary loss
for the purposes of this subsection, “100 percent of the monetary loss
per year” shall be deemed to be equal to the gross amount realized by the
affected athletic program during the immediately preceding calendar year.
(Added to NRS by 1991, 112)
The remedies provided in NRS
398.155 to 398.255 , inclusive, are cumulative and in addition to
any other remedies provided by law.
(Added to NRS by 1991, 112)
UNIFORM ATHLETES’ AGENTS ACT
General Provisions
The provisions of NRS 398.400 to 398.620 ,
inclusive, may be cited as the Uniform Athletes’ Agents Act.
(Added to NRS by 2001, 1299 ; A 2003, 2125 )
1. The provisions of NRS 398.400
to 398.620 , inclusive, apply to a
person who sells or offers to sell his services as an athlete’s agent if:
(a) The offer is made in this state; or
(b) The offer is accepted in this state.
2. For the purpose of this section, an offer is made in this
state, whether or not either party is present in this state, if the offer:
(a) Originates in this state; or
(b) Is directed by the offeror to a destination in this state and
received where it is directed, or at a post office in this state if the
offer is mailed.
3. For the purpose of this section, an offer is accepted in this
state if the acceptance:
(a) Is communicated to the offeror in this state; and
(b) Has not previously been communicated to the offeror, orally or
in writing, outside this state.
Ê Acceptance is communicated to the offeror in this state, whether or not
either party is present in this state, if the offeree directs it to the
offeror in this state reasonably believing the offeror to be in this
state and it is received where it is directed, or at any post office in
this state if the acceptance is mailed.
(Added to NRS by 2003, 2124 )
1. Except as otherwise provided in subsections 2 and 3, the
following information and documents do not constitute public information
and are confidential:
(a) Information or documents obtained by the Secretary of State in
connection with an investigation conducted pursuant to NRS 398.600 concerning possible violations of NRS 398.400
to 398.620 , inclusive; and
(b) Information or documents filed with the Secretary of State in
connection with an application for registration filed pursuant to NRS
398.400 to 398.620 , inclusive, which constitute commercial or
financial information, or business practices, of a person for which that
person is entitled to and has asserted a claim of privilege or
confidentiality authorized by law.
2. The Secretary of State may submit any information or evidence
obtained in connection with an investigation conducted pursuant to NRS
398.600 to the Attorney General or
appropriate district attorney for the purpose of prosecuting a criminal
action pursuant to NRS 398.400 to
398.620 , inclusive.
3. The Secretary of State may disclose any information obtained in
connection with an investigation conducted pursuant to NRS 398.600 to any other governmental agency if the
disclosure is provided for the purpose of a civil, administrative or
criminal investigation or proceeding and the receiving agency represents
in writing that, under applicable law, protections exist to preserve the
integrity, confidentiality and security of the information.
4. The provisions of NRS 398.400
to 398.620 , inclusive, do not create
any privilege and do not diminish any privilege existing pursuant to
common law, a specific statute or regulation, or otherwise.
(Added to NRS by 2003, 2124 )
As used in NRS 398.400 to 398.620 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 398.408 to 398.446
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2001, 1298 ; A 2003, 2125 )
“Athlete’s agent” means a
natural person who enters into a contract of agency with a student
athlete or, directly or indirectly, recruits or solicits a student
athlete to enter into such a contract. The term includes a natural person
who represents to the public that he is an athlete’s agent. The term does
not include a spouse, parent, sibling, grandparent or guardian of the
student athlete or a natural person acting solely on behalf of a
professional sports team or sports organization.
(Added to NRS by 2001, 1298 )
“Athletic director”
means a natural person responsible for administering the overall athletic
program of an institution or, if an institution has separately
administered athletic programs for male students and female students, the
athletic program for males or for females, as appropriate.
(Added to NRS by 2001, 1298 )
“Contract for
endorsement” means an agreement under which a student athlete is employed
to use, or receives consideration for using, on behalf of the other party
any value that the student athlete may have because of publicity,
reputation, following or fame obtained because of athletic ability or
performance.
(Added to NRS by 2001, 1298 )
“Contract for professional sports services” means an agreement under
which a natural person is employed, or agrees to render services, as a
player on a professional sports team, with a professional sports
organization or as a professional athlete.
(Added to NRS by 2001, 1298 )
“Contract of agency”
means an agreement in which a student athlete authorizes a person to
negotiate or solicit on his behalf a contract for endorsement or a
contract for professional sports services.
(Added to NRS by 2001, 1299 )
“Intercollegiate
sport” means a sport played at the collegiate level for which the
requirements of eligibility for participation by a student athlete are
established by a national association for the promotion or regulation of
collegiate athletics.
(Added to NRS by 2001, 1299 )
“Person” includes a government and
a governmental subdivision, agency or instrumentality.
(Added to NRS by 2001, 1299 )
“Record” means information that is
inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form.
(Added to NRS by 2001, 1299 )
“Registration” means
registration as an athlete’s agent pursuant to NRS 398.400 to 398.620 ,
inclusive.
(Added to NRS by 2001, 1299 ; A 2003, 2125 )
“State” includes the District of
Columbia, the United States Virgin Islands and any territory or insular
possession subject to the jurisdiction of the United States.
(Added to NRS by 2001, 1299 )
“Student athlete” means a
natural person who engages in, is eligible to engage in or may be
eligible in the future to engage in any intercollegiate sport. For the
purposes of a particular sport, the term does not include a person who is
permanently ineligible to participate in that sport.
(Added to NRS by 1989, 812; A 2001, 1304 )—(Substituted in revision for NRS 398.075)
Certificate of Registration to Act as Athlete’s Agent
1. Except as otherwise provided in subsection 2, a person shall
not act as an athlete’s agent in this state without holding a certificate
of registration under NRS 398.460 or
398.468 .
2. Before being issued a certificate of registration, a person may
act as an athlete’s agent in this state for all purposes except signing a
contract of agency if:
(a) A student athlete or another person acting on his behalf
initiates communication with the person so acting; and
(b) Within 7 days after an initial act as an athlete’s agent, the
person so acting submits an application for registration.
3. A contract of agency resulting from conduct in violation of
this section is void, and the athlete’s agent shall return any
consideration received under the contract.
(Added to NRS by 2001, 1299 )
An applicant for registration shall submit
an application to the Secretary of State in a form prescribed by him. The
application must be accompanied by the appropriate fee established by the
secretary of state pursuant to NRS 398.472 . An application filed pursuant to this section
is a public record. The application must be in the name of a natural
person and, except as otherwise provided in NRS 398.456 , be signed or otherwise authenticated by the
applicant under penalty of perjury and state or contain:
1. The name of the applicant and the address of his principal
place of business;
2. The name of the applicant’s business or employer, if applicable;
3. Any business or occupation engaged in by the applicant for the
5 years next preceding the date of submission of the application;
4. A description of the applicant’s:
(a) Formal training as an athlete’s agent;
(b) Practical experience as an athlete’s agent; and
(c) Educational background relating to his activities as an
athlete’s agent;
5. The names and addresses of three natural persons not related to
the applicant who are willing to serve as references;
6. The name, sport and last known team for each person for whom
the applicant acted as an athlete’s agent during the 5 years next
preceding the date of submission of the application;
7. The names and addresses of all persons who are:
(a) With respect to the athlete’s agent’s business if it is not a
corporation, the partners, members, officers, managers, associates or
sharers of profits of the business; and
(b) With respect to a corporation employing the athlete’s agent,
the officers, directors and shareholders having an interest of 5 percent
or more;
8. Whether the applicant or any person named pursuant to
subsection 7 has been convicted of a crime that, if committed in this
state, would be a crime involving moral turpitude or a felony, and
identify the crime;
9. Whether there has been any administrative or judicial
determination that the applicant or any person named pursuant to
subsection 7 has made a false, misleading, deceptive or fraudulent
representation;
10. Any instance in which the conduct of the applicant or any
person named pursuant to subsection 7 resulted in the imposition of a
sanction, suspension or declaration of ineligibility to participate in an
interscholastic or intercollegiate athletic event on a student athlete or
an institution;
11. Any sanction, suspension or disciplinary action taken against
the applicant or any person named pursuant to subsection 7 arising out of
occupational or professional conduct; and
12. Whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew, the registration or
licensure of the applicant or any person named pursuant to subsection 7
as an athlete’s agent in any state.
(Added to NRS by 2001, 1299 )
A natural person who has
submitted an application for, and holds a certificate of, registration or
licensure as an athlete’s agent in another state may submit a copy of the
application and certificate instead of submitting an application in the
form prescribed under NRS 398.452 . The
copy of the application and certificate must be accompanied by the
appropriate fee established by the Secretary of State pursuant to NRS
398.472 . The Secretary of State shall
accept the copy of the application and certificate from the other state
as an application for registration in this state if the application to
the other state:
1. Was submitted to the other state within 6 months next preceding
the submission of the application in this state and the applicant
certifies that the information contained in the application is current;
2. Contains information substantially similar to or more
comprehensive than that required in an application submitted in this
state; and
3. Was signed by the applicant under penalty of perjury.
(Added to NRS by 2001, 1300 )
1. Except as otherwise provided in subsection 2, the Secretary of
State shall issue a certificate of registration to a natural person who
complies with NRS 398.452 or whose
application has been accepted under NRS 398.456 .
2. The Secretary of State may refuse to issue a certificate of
registration if he determines that the applicant has engaged in conduct
that has a significant adverse effect on his fitness to act as an
athlete’s agent. In making this determination, the Secretary of State may
consider whether the applicant has:
(a) Been convicted of a crime that, if committed in this state,
would be a crime involving moral turpitude or a felony relating to his
fitness to act as an athlete’s agent;
(b) Made a materially false, misleading, deceptive or fraudulent
representation in his application or as an athlete’s agent;
(c) Engaged in conduct that would disqualify him from serving in a
fiduciary capacity;
(d) Engaged in conduct prohibited by NRS 398.496 ;
(e) Had registration or licensure as an athlete’s agent suspended,
revoked or denied, or been refused renewal of registration or licensure
as an athlete’s agent, in any state;
(f) Engaged in conduct whose consequence was that a sanction,
suspension or declaration of ineligibility to participate in an
interscholastic or intercollegiate athletic event was imposed on a
student athlete or an institution; or
(g) Engaged in conduct that significantly adversely reflects on his
credibility, honesty or integrity.
3. In making a determination pursuant to subsection 2, the
Secretary of State shall consider:
(a) How recently the conduct occurred;
(b) The nature of the conduct and the context in which it occurred;
and
(c) Any other relevant conduct of the applicant.
(Added to NRS by 2001, 1301 ; A 2003, 2698 )
1. An athlete’s agent may apply to renew a registration by
submitting an application for renewal in a form prescribed by the
Secretary of State. The application must be accompanied by the
appropriate fee established by the Secretary of State pursuant to NRS
398.472 . An application filed pursuant
to this section is a public record. The application for renewal must be
signed by the applicant under penalty of perjury and must contain current
information on all matters required for an original registration.
2. A natural person who has submitted an application for renewal
of registration or licensure in another state, instead of submitting an
application for renewal in the form prescribed pursuant to subsection 1,
may file a copy of the application and a valid certificate of
registration or licensure from the other state. The copy of the
application and certificate must be accompanied by the appropriate fee
established by the Secretary of State pursuant to NRS 398.472 . The Secretary of State shall accept the copy
of the application and certificate from the other state as an application
for renewal in this state if the application to the other state:
(a) Was submitted in the other state within 6 months next preceding
the filing in this state and the applicant certifies that the information
contained in the application is current;
(b) Contains information substantially similar to or more
comprehensive than that required in an application for renewal submitted
in this state; and
(c) Was signed by the applicant under penalty of perjury.
3. A certificate of registration or a renewal of registration is
valid for 2 years.
(Added to NRS by 2001, 1301 )
1. The Secretary of State may suspend, revoke or refuse to renew a
registration for conduct that would have justified denial of registration
under subsection 2 of NRS 398.460 .
2. The Secretary of State may issue a temporary certificate of
registration while an application for registration or renewal of
registration is pending.
(Added to NRS by 2001, 1302 )
1. The Secretary of State shall adopt regulations establishing
fees for:
(a) An initial application for registration;
(b) An application for registration based upon a certificate of
registration or licensure issued by another state;
(c) An application for renewal of registration; and
(d) An application for renewal of registration based upon an
application for renewal of registration or licensure submitted in another
state.
2. The fees established pursuant to subsection 1 must be
sufficient to cover the costs of administration of the Uniform Athletes’
Agents Act.
3. The Secretary of State may adopt:
(a) Regulations further defining such words and terms as are
necessary for an understanding of the provisions of NRS 398.400 to 398.620 ,
inclusive, and any regulations adopted pursuant thereto; and
(b) Such other regulations as he determines necessary to carry out
the provisions of NRS 398.400 to
398.620 , inclusive.
(Added to NRS by 2001, 1302 ; A 2003, 2125 )
Conditions and Requirements Applicable to Athletes’ Agents
1. By acting as an athlete’s agent in this state, a nonresident
natural person appoints the Secretary of State as his agent for service
of process in any civil action in this state related to his acting as an
athlete’s agent in this state.
2. The Secretary of State may issue subpoenas for any material
that is relevant to the administration of the Uniform Athletes’ Agents
Act.
(Added to NRS by 2001, 1299 )
1. An athlete’s agent shall retain the following records for 5
years:
(a) The name and address of each natural person he represents;
(b) Any contract of agency into which he enters; and
(c) Any direct cost he incurs in recruiting or soliciting a student
athlete to enter into a contract of agency.
2. Records required by this section to be retained:
(a) Are open to inspection by the Secretary of State during normal
business hours; and
(b) May be maintained in any form of data storage if they are
readily accessible to the Secretary of State.
3. If the information contained in a document filed with the
Secretary of State as part of an application for registration is or
becomes inaccurate or incomplete, the registered person shall file
correcting information within 30 days.
(Added to NRS by 2001, 1302 ; A 2003, 2125 )
Contracts of Agency
1. A contract of agency must be in a record signed or otherwise
authenticated by the parties.
2. The contract must state or contain:
(a) The amount of and method of calculating the consideration to be
paid by the student athlete for services to be provided by the athlete’s
agent under the contract and any other consideration the agent has
received or will receive from any other source for entering into the
contract or providing the services;
(b) The name of any person not listed in the agent’s application
for registration or renewal of registration who will be compensated
because the student athlete signed the contract;
(c) A description of any expenses that the student athlete agrees
to reimburse;
(d) A description of the services to be provided to the student
athlete;
(e) The duration of the contract; and
(f) The date of execution.
3. The contract must contain, in close proximity to the signature
of the student athlete, a conspicuous notice in boldface capital letters:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU WILL LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE
IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE’S AGENT MUST
NOTIFY HIM; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.
CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
4. A contract of agency which does not contain the required
warning is void and unenforceable. The student athlete need not pay any
consideration under it or return any consideration received from the
athlete’s agent to induce him to enter into it.
5. The athlete’s agent shall give a record of the signed or
otherwise authenticated contract to the student athlete at the time of
execution.
(Added to NRS by 1989, 812; A 2001, 1305 )—(Substituted in revision for NRS 398.095)
1. Within 72 hours after entering into a contract of agency or
before the next scheduled athletic event in which the student athlete may
participate, whichever occurs first, the athlete’s agent shall give
notice, in a record, of the existence of the contract to the athletic
director of the institution at which the student athlete is enrolled or
the athlete’s agent has reasonable ground to believe the student athlete
intends to enroll.
2. Within 72 hours after entering into a contract of agency or
before the next scheduled athletic event in which the student athlete may
participate, whichever occurs first, the student athlete shall inform the
athletic director of the institution at which he is enrolled that he has
entered into the contract.
(Added to NRS by 2001, 1302 )
1. A student athlete may cancel a contract of agency by giving
notice of the cancellation to the athlete’s agent in a record within 14
days after the contract is signed.
2. A student athlete may not waive the right to cancel a contract
of agency.
3. If a student athlete cancels a contract of agency, he is not
required to pay any consideration under the contract or to return any
consideration received from the athlete’s agent to induce him to enter
into the contract.
(Added to NRS by 2001, 1302 )
Liability for Violation of Rules; Prohibited Conduct
1. An institution has a right of action against an athlete’s agent
or a former student athlete for damages caused by a violation of the
Uniform Athletes’ Agents Act. In such an action, the court may award to
the prevailing party costs and reasonable attorney’s fees.
2. Damages of an institution pursuant to subsection 1 include
losses and expenses incurred because, as a result of the conduct of the
athlete’s agent or former student athlete, the educational institution
was injured by a violation of the Uniform Athletes’ Agent Act or was
penalized, disqualified or suspended from participation in athletics by a
national association for the promotion and regulation of athletics, by an
athletic conference or by reasonable self-imposed disciplinary action
taken to mitigate sanctions likely to be imposed by such an organization.
3. A right of action pursuant to this section does not accrue
until the institution discovers or by the exercise of reasonable
diligence should have discovered the violation by the athlete’s agent or
former student athlete.
4. Any liability of an athlete’s agent or former student athlete
pursuant to this section is joint and several.
5. This section does not restrict the rights, remedies or defenses
of any person under other law or in equity.
(Added to NRS by 1989, 812; A 2001, 1304 )—(Substituted in revision for NRS 398.085)
1. A person, other than an athlete’s agent or student athlete, who
causes a student athlete or an institution to violate a rule of the
national collegiate athletic association to which the institution is a
member, or aids in any such violation, is liable to the institution for
damages as provided in subsection 2 if:
(a) The person knew or reasonably should have known that a rule was
violated or would be violated; or
(b) The violation of the rule is a contributing cause of:
(1) Disciplinary action, including loss of eligibility,
taken by the institution against a student athlete; or
(2) Disciplinary action taken by the national collegiate
athletic association against the institution or a student athlete.
2. Damages that may be awarded against a person who causes a
violation of a rule of a national collegiate athletic association, or
aids in any such violation, include:
(a) Costs incurred by the institution relating to any investigation
or hearing conducted by the national collegiate athletic association
concerning the violation; and
(b) Lost revenues to the institution from:
(1) Lost contracts for televising athletic events;
(2) A decline in ticket sales;
(3) Being prohibited from participating in postseason
athletic events and tournaments; and
(4) Other discernible opportunities through which the
institution would have realized revenue if the rule had not been violated.
3. If an institution prevails in an action brought pursuant to
this section, it is entitled to an award of reasonable attorney’s fees
and costs.
(Added to NRS by 2001, 1302 )
1. An athlete’s agent shall not, with the intent to induce a
student athlete to enter into any contract:
(a) Give any materially false or misleading information or make a
materially false promise or representation;
(b) Furnish anything of value to the student athlete before the
student athlete enters into the contract; or
(c) Furnish anything of value to a natural person other than the
student athlete or another registered athlete’s agent.
2. An athlete’s agent shall not intentionally:
(a) Initiate communication, direct or indirect, with a student
athlete to recruit or solicit him to enter into a contract of agency,
unless the agent is registered pursuant to NRS 398.400 to 398.620 ,
inclusive;
(b) Refuse or fail to retain or permit inspection of records
required to be retained pursuant to NRS 398.480 ;
(c) Fail to register when required pursuant to NRS 398.448 ;
(d) Include materially false or misleading information in an
application for registration or renewal of registration;
(e) Predate or postdate a contract of agency; or
(f) Fail to notify a student athlete, before he signs or otherwise
authenticates a contract of agency for a particular sport, that the
signing or authentication will make him ineligible to participate as a
student athlete in that sport.
3. A person who willfully violates:
(a) A provision of NRS 398.400 to
398.620 , inclusive;
(b) A regulation adopted by the Secretary of State pursuant to NRS
398.400 to 398.620 , inclusive; or
(c) An order denying, suspending or revoking the effectiveness of a
registration, or an order to cease and desist, issued by the Secretary of
State pursuant to NRS 398.400 to
398.620 , inclusive,
Ê is guilty of a gross misdemeanor and shall be punished by imprisonment
in the county jail for not more than 1 year, or by a fine of not more
than $25,000, or by both fine and imprisonment. In addition to any other
penalty, the court shall order the person to pay restitution.
4. A person who violates:
(a) A regulation adopted by the Secretary of State pursuant to NRS
398.400 to 398.620 , inclusive; or
(b) An order denying, suspending or revoking the effectiveness of a
registration, or an order to cease and desist, issued by the Secretary of
State pursuant to NRS 398.400 to
398.620 , inclusive,
Ê without knowledge of the regulation or order, is guilty of a
misdemeanor and shall be punished by a fine of not more than $25,000.
5. The provisions of NRS 398.400
to 398.620 , inclusive, do not limit the
power of the State of Nevada to punish a person for conduct which
constitutes a crime pursuant to any other law.
(Added to NRS by 2001, 1303 ; A 2003, 2125 )
Investigation and Prosecution of Violations; Sanctions
1. The Secretary of State may, within or outside this state:
(a) Investigate any violation of:
(1) A provision of NRS 398.400 to 398.620 ,
inclusive;
(2) A regulation adopted by the Secretary of State pursuant
to NRS 398.400 to 398.620 , inclusive; or
(3) An order denying, suspending or revoking the
effectiveness of a registration, or an order to cease and desist, issued
by the Secretary of State pursuant to NRS 398.400 to 398.620 ,
inclusive.
(b) Conduct such other investigations as he finds necessary to aid
in the enforcement of NRS 398.400 to
398.620 , inclusive, and any regulation
or order adopted or issued by the Secretary of State pursuant thereto.
2. If the Secretary of State determines that a violation specified
in paragraph (a) of subsection 1 has occurred, the Attorney General may
prosecute the violation at the request of the Secretary of State.
3. If the Attorney General declines to prosecute such a violation,
the district attorney of the appropriate county may prosecute the
violation at the request of the Secretary of State.
(Added to NRS by 2003, 2121 )
1. If the Secretary of State reasonably believes, whether or not
based upon an investigation conducted pursuant to NRS 398.600 , that a person has violated, or is about to
violate, any provision of NRS 398.400
to 398.620 , inclusive, or any
regulation or order of the Secretary of State adopted or issued pursuant
to NRS 398.400 to 398.620 , inclusive, the Secretary of State, in
addition to any specific power granted by NRS 398.400 to 398.620 ,
inclusive, may, without a prior hearing, issue a summary order against
the person, directing him to cease and desist from any further acts that
constitute or would constitute such a violation until he is in compliance
with NRS 398.400 to 398.620 , inclusive. The summary order to cease and
desist must specify the section of NRS 398.400 to 398.620 ,
inclusive, or the regulation or order of the Secretary of State adopted
or issued pursuant to NRS 398.400 to
398.620 , inclusive, which the Secretary
of State reasonably believes has been or is about to be violated.
2. If the Secretary of State reasonably believes, whether or not
based upon an investigation conducted pursuant to NRS 398.600 , that a person has violated any provision of
NRS 398.400 to 398.620 , inclusive, or any regulation or order of the
Secretary of State adopted or issued pursuant to NRS 398.400 to 398.620 ,
inclusive, the Secretary of State, in addition to any specific power
granted by NRS 398.400 to 398.620
, inclusive, after giving notice by
registered or certified mail and conducting a hearing in an
administrative proceeding, unless the right to notice and hearing is
waived by the person against whom the sanction is imposed, may:
(a) Issue an order against the person to cease and desist;
(b) Censure the person if he is a registered athlete’s agent;
(c) Suspend, revoke or refuse to renew the registration of the
person as an athlete’s agent; or
(d) If it is determined that the violation was willful, issue an
order against the person imposing an administrative fine of not more than
$25,000.
3. If the person to whom notice is given pursuant to subsection 2
does not request a hearing within 45 days after receipt of the notice, he
waives his right to a hearing and the Secretary of State shall issue a
permanent order. If the person requests a hearing, the Secretary of State
shall set the matter for hearing not less than 15 or more than 60 days
after he receives the request for a hearing. The Secretary of State shall
promptly notify the parties by registered or certified mail of the time
and place set for the hearing.
4. The imposition of the sanctions provided in this section is
limited as follows:
(a) If the Secretary of State revokes the registration of an
athlete’s agent, the imposition of that sanction precludes the imposition
of an administrative fine pursuant to subsection 2; and
(b) The imposition by the Secretary of State of one or more
sanctions pursuant to subsection 2 with respect to a specific violation
precludes him from later imposing any other sanction pursuant to
subsection 2 with respect to that violation.
5. For the purpose of determining any sanction to be imposed
pursuant to subsection 2, the Secretary of State shall consider, among
other factors, how recently the conduct occurred, the nature of the
conduct and the context in which it occurred, and any other relevant
conduct of the applicant.
6. If a sanction is imposed pursuant to this section, the
Secretary of State may recover the costs of the proceeding, including,
without limitation, investigative costs and attorney’s fees, from the
person against whom the sanction is imposed.
(Added to NRS by 2003, 2122 )
1. For the purposes of an investigation or proceeding pursuant to
NRS 398.400 to 398.620 , inclusive, the Secretary of State or any
officer or employee designated by the Secretary of State by regulation,
order or written direction may conduct hearings, administer oaths and
affirmations, render findings of fact and conclusions of law, subpoena
witnesses and compel their attendance, take evidence and require the
production, by subpoena or otherwise, of books, papers, correspondence,
memoranda, agreements or other documents or records which the Secretary
of State or his designated officer or employee determines to be relevant
or material to the investigation or proceeding. A person whom the
Secretary of State or his designated officer or employee does not
consider to be the subject of an investigation is entitled to
reimbursement at the rate of 25 cents per page for copies of documents
which he is required by subpoena to produce. The Secretary of State or
his designated officer or employee may require or permit a person to file
a statement, under oath or otherwise as the Secretary of State or his
designated officer or employee determines, as to the facts and
circumstances concerning the matter to be investigated.
2. If the activities constituting an alleged violation for which
the information is sought would be a violation of NRS 398.400 to 398.620 ,
inclusive, had the activities occurred in this state, the Secretary of
State may issue and apply to enforce subpoenas in this state at the
request of an agency or Secretary of State of another state.
3. If a person does not testify or produce the documents required
by the Secretary of State or a designated officer or employee pursuant to
subpoena, the Secretary of State or designated officer or employee may
apply to the court for an order compelling compliance. A request for an
order of compliance may be addressed to:
(a) The district court in and for the county where service may be
obtained on the person refusing to testify or produce the documents, if
the person is subject to service of process in this state; or
(b) A court of another state having jurisdiction over the person
refusing to testify or produce the documents, if the person is not
subject to service of process in this state.
(Added to NRS by 2003, 2123 )
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 398.045
, 398.055 and 398.061
have the meanings ascribed to them in those sections.
(Added to NRS by 1989, 811; A 1991, 112; 2001, 1304 )
“Institution” means a public
or private institution that offers educational services beyond the
secondary level. The term includes:
1. A postsecondary educational institution as defined in NRS
394.099 .
2. A university as defined in NRS 396.838 .
(Added to NRS by 1989, 811)
“National collegiate athletic association” means a group of institutions
in 40 or more states who are governed by the rules of the association
relating to athletic competition.
(Added to NRS by 1989, 811)
